HLS 22RS-691 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 669
BY REPRESENTATIVE PIERRE
MTR VEHICLE/DRIVER LIC: Provides relative to background checks of private training
or driving instructor training schools or agencies
1 AN ACT
2To amend and reenact R.S. 32:408.1(E) and R.S. 40:1461(A) and to enact R.S.
3 15:587(A)(1)(e)(vi) and (vii), relative to background checks of private training or
4 private driving instructor training schools or agencies; to provide for a criminal
5 history background check of every person engaged in private driving instructor
6 training school or agency; to provide for noncommercial driving examinations or
7 tests; to modify the procedure for a criminal history background check of the
8 principal of the third-party examiner or tester; to define the term " criminal history
9 background check"; to provide for fingerprints and other identifying information; to
10 require the office of motor vehicles to execute a thorough background investigation
11 to be conducted by the Louisiana Bureau of Criminal Identification and Information;
12 to provide for the cost of fingerprint cards; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 15:587(A)(1)(e)(vi) and (vii) are hereby enacted to read as follows:
15 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
16 Identification and Information
17 A. (1)(a)
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-691 ENGROSSED
HB NO. 669
1 (e)
2 * * *
3 (vi) The office of motor vehicles shall execute a thorough background
4 investigation, including a criminal history background check of every applicant for
5 the purpose of verifying the qualifications of the applicant or renewal pursuant to the
6 requirements of this Section. For purposes of this Item, a "criminal history
7 background check" shall be defined as all state records of arrest, prosecution,
8 conviction, including those which have been expunged or dismissed pursuant to the
9 Code of Criminal Procedure Articles 893 or 894, as well as national records which
10 shall include fingerprints of the applicant and other identifying information, if so
11 requested by the department.
12 (vii) The department shall require any current or prospective person engaged
13 in the business of operating a private driving instructor training school or agency, or
14 providing driving courses pursuant to R.S. 32:408.1 or R.S. 40:1461 to submit to a
15 criminal history records check to be conducted by the Louisiana Bureau of Criminal
16 Identification and Information. Fingerprints and other identifying information from
17 the current or prospective person engaged in the business of operating a private
18 driving instructor training school or agency, or providing driving courses shall be
19 submitted to the bureau. In addition, when the department requests national criminal
20 history records check, the bureau shall forward the fingerprints to the Federal Bureau
21 of Investigation for a national criminal history records check and shall provide the
22 agency with the national criminal history record information of the current or
23 prospective person engaged in the business of operating a private driving instructor
24 training school or agency, or providing driving courses pursuant to R.S. 32:408.1 or
25 R.S. 40:1461. Cost incurred by the department for processing Louisiana State Police
26 and Federal Bureau of Investigation fingerprint cards shall be borne by the applicant.
27 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-691 ENGROSSED
HB NO. 669
1 Section 2. R.S. 32:408.1(E) is hereby amended and reenacted to read as follows:
2 §408.1. Third-party testing; proof of testing
3 * * *
4 E. The principal of the third-party examiner or tester who has or is seeking
5 a contract with the Department of Public Safety and Corrections, public safety
6 services, to administer commercial or noncommercial driving examinations and tests
7 shall consent to, pass, and pay the costs of an annual a criminal history background
8 check pursuant to R.S. 15:587.
9 * * *
10 Section 3. R.S. 40:1461(A) is hereby amended and reenacted to read as follows:
11 §1461. Requirements for private training and driving instructor schools
12 A.(1) Every person engaged in the business of operating a private driving
13 instructor training school or agency, or providing driving courses, shall apply for and
14 procure a license from the Department of Public Safety and Corrections, public
15 safety services. No person shall advertise or otherwise hold himself before the
16 public, for remuneration, as qualified, licensed, or otherwise approved to train or
17 instruct without having first obtained a license or contract with the Department of
18 Public Safety and Corrections, public safety services.
19 (2) Every person engaged in the business of operating a private driving
20 instructor training school or agency, or providing driving courses who has or is
21 seeking a contract or license with the Department of Public Safety and Corrections,
22 public safety services, shall consent to, pass, and pay the costs of a criminal history
23 background check pursuant to R.S. 15:587.
24 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-691 ENGROSSED
HB NO. 669
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 669 Engrossed 2022 Regular Session Pierre
Abstract: Establishes criminal history background check requirements for every person
engaged in the operation of a private training or driving instructor school.
Proposed law requires the office of motor vehicles to execute a thorough background
investigation, including a criminal history background check, of every applicant for the
purpose of verifying the qualifications of the applicant or renewal pursuant present law.
Proposed law defines a "criminal history background check" as all state records of arrest,
prosecution, conviction, including those which have been expunged or dismissed pursuant
to present law, and national records which is required to include fingerprints of the applicant
and other identifying information, if so requested by the department.
Proposed law requires any current or prospective person engaged in the business of
operating a private driving instructor training school or agency, or providing driving courses
pursuant to present law to submit to a criminal history records check to be conducted by the
La. Bureau of Criminal Identification and Information. Further, requires fingerprints and
other identifying information from the current or prospective person engaged in the business
of operating a private driving instructor training school or agency, or providing driving
courses to be submitted to the bureau.
Proposed law requires the bureau to forward the fingerprints to the Federal Bureau of
Investigation for a national criminal history records check when requested by the
department. Further, requires bureau to provide the agency with the national criminal history
record information of the current or prospective person engaged in the business of operating
a private driving instructor training school or agency, or providing driving courses pursuant
to present law.
Proposed law requires the cost associated with fingerprint cards to be paid by the applicant.
Present law requires the principal of the third-party examiner or tester seeking a contract
with the Dept. of Public Safety and Corrections, public safety services to administer
commercial driving examinations to consent to and pay the costs associated with an annual
background check.
Proposed law retains present law and adds noncommercial driving examinations and tests
and modifies the procedure for a criminal history background check pursuant to present law.
Proposed law requires every person engaged in the business of operating a private driving
instructor training school or agency, or providing driving courses who has or is seeking a
contract or license with the Dept. of Public Safety and Corrections, public safety services,
to consent to, pass, and pay the costs of a background check pursuant present law.
(Amends R.S. 32:408.1(E) and R.S. 40:1461(A); Adds R.S. 15:587(A)(1)(e)(vi) and (vii))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.